Barker v. Boston Electric Light Co.
Massachusetts Supreme Judicial Court
Tort by a lineman in the Boston fire alarm department to recover for personal injuries alleged to have been caused by his receiving a shock from an electric light wire belonging to and controlled by the defendant upon a pole of the defendant which the plaintiff was climbing for the purpose of repairing a fire alarm wire. Writ dated July 15, 1898. The declaration as amended contained two counts.
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Tort by a lineman in the Boston fire alarm department to recover for personal injuries alleged to have been caused by his receiving a shock from an electric light wire belonging to and controlled by the defendant upon a pole of the defendant which the plaintiff was climbing for the purpose of repairing a fire alarm wire. Writ dated July 15, 1898. The declaration as amended contained two counts. The first count, setting forth the facts, alleged that the plaintiff was in the employ of the city of Boston and went upon the pole in the discharge of his duties and while rightfully there and in the…
1Opinion of the CourtHammond, J.
At the time of the accident the plaintiff was lawfully upon a pole owned by the defendant, and the main question is whether, being there as an employee of the fire alarm department of the city of Boston, he was a mere licensee.
The pole was the fifth of a line of five poles belonging to the defendant, all located upon the reservoir lot owned by the city of Boston and abutting on a public way called White Street in that part of the city called East Boston. The poles were, just within the fence separating the sidewalk of the street from the reservoir lot, and were erected in July, 1886, by the…
2Cases cited1 opinion
- Illingsworth v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1894
3Cited by6 opinions
- Foster Lumber Co. v. RodgersCourt of Appeals of Texas · 1910
- Lord v. Inhabitants of WakefieldMassachusetts Supreme Judicial Court · 1904
- San Angelo Water, Light & Power Co. v. AndersonCourt of Appeals of Texas · 1922
- Woodward v. City of TauntonMassachusetts Supreme Judicial Court · 1909
- Foster Lumber Co. v. RodgersCourt of Appeals of Texas · 1910
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